Wills & Probate
Probate is usually the process of proving that a will is valid and then give rights to deal with a deceased person’s assets and estate. However, it will depend on whether there is a will. The process will be different, but the end results the same. If there is a will, one or more executors are named in it. Where there is no will then administrators will be appointed to deal with a deceased’s estate.
When you die and have left a will your executors will need to apply to the Probate Registry for a grant of Probate.
The grant of Probate is a legal document which will enable your executors to deal with your assets and estate. They can use it to demonstrate that they have authority to collect your property, money and possessions and distribute them in accordance with your will.
If you do not leave a will or it is invalid for some reason, the law sets out in the Non-Contentious Probate Rules how Probate works and who is entitled to administer your estate. The order of people who can do so is the same as the order of people entitled to inherit your estate where there is no will, i.e. your spouse or civil partner; your children (if 18 or over) or grandchildren (if 18 or over) if their parent died before you; your parents; your brothers and sisters; and then other family members.
Where there is no will, the relevant person or persons (called administrators) will need to apply to the Probate Registry for a grant of representation (usually a grant of letters of administration). This, like a grant of Probate, is a legal document which will enable your administrators to deal with your assets and distribute them to the people entitled to them under law. Until a grant of letters of administration has been obtained, your administrators do not have authority to deal with your estate (unlike an executor whose authority comes from your will and is confirmed by the grant of Probate).
Our team is readily available to make a Probate application on behalf of executors and administrators. For more information, please contact us on 02920 343434.